Protecting Trade Secrets Before Disclosure Destroys Their Value
A company’s proprietary information is frequently among its most important assets. Protecting confidential information is often critical to the success of an organization. The law of trade secret protection is significantly different from other forms of intellectual property protection. For instance, patent law requires full disclosure of an invention’s properties. Registration of other intellectual property interests is aimed at allowing the world to see the information.
Business-Savvy Advice From An Intellectual Property Lawyer To Protect Your Interests
In the area of trade secrets, misappropriation or wrongful disclosure itself involves the loss of protection — once the cat is out of the bag, the secret is lost. Confidential information may include a broad range of subject matter, including recipes, client lists, formulas, processes and other forms of information that give a business a competitive edge.
Benjamin Appelbaum, Attorney at Law, is an accomplished intellectual property lawyer based in Flanders, New Jersey. Our trade secret practice is informed by our experience in business law and contract law, and our dedication to protecting the intellectual property rights of our clients. We provide businesses, executives, key employees, developers and individuals with advice, counsel and vigorous representation in addressing matters involving trade secrets.
Employment Contracts, Restrictive Covenants And Trade Secrets
We live in a highly mobile economy. When partners decide to go separate ways, or a key employee finds a new opportunity, questions can arise over the rights and responsibilities that are addressed in partnership agreements, confidentiality clauses and noncompete agreements. We can review your relevant agreements and explain whether entertaining a new opportunity may expose you to risk of litigation.
Employment contracts come in all shapes and sizes, and the terms of the relationship may impact who holds rights to intellectual property. To protect confidential information, a company must make a reasonable effort to maintain secrecy. We help new businesses and ongoing ventures that develop new technologies draft employment contracts to ensure that the rights to intellectual property are owned by the business and not a developer who creates a creative work. Our extensive experience with copyright law is a valuable asset for our clients seeking to protect trade secrets and proprietary information.
Frequently, a new process or invention may qualify for patent protection. Protecting the process as a trade secret may be more beneficial in the long run than disclosing the process or formula in a patent application to obtain exclusive use for a limited amount of time. We draw on 20 years of experience to provide individualized counsel to allow our clients to make informed decisions to best protect intellectual property.